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Danish R&D Tax Incentives under Pillar Two - A Comparability Analysis

Jaber, Jawad Mohamad LU (2026) HARN60 20261
Department of Business Law
Abstract
The following thesis examines whether the Danish R&D tax incentives in sections 8
B and 8 X of the Danish Tax Assessment Act qualify as Qualified Tax Incentives
(QTIs) under the OECD/G20 Side-by-Side Package and how such classification
affects their treatment under Pillar Two.
The analysis is based on a doctrinal legal method combined with a functional
assessment of the incentives in light of the Global Anti-Base Erosion (GloBE)
framework. The Danish provisions are analysed in terms of their legal design and
economic effect and subsequently evaluated against the QTI definition including the
requirement of general availability and value limitation.
The thesis finds that the ordinary R&D deduction under section 8 B(1) does... (More)
The following thesis examines whether the Danish R&D tax incentives in sections 8
B and 8 X of the Danish Tax Assessment Act qualify as Qualified Tax Incentives
(QTIs) under the OECD/G20 Side-by-Side Package and how such classification
affects their treatment under Pillar Two.
The analysis is based on a doctrinal legal method combined with a functional
assessment of the incentives in light of the Global Anti-Base Erosion (GloBE)
framework. The Danish provisions are analysed in terms of their legal design and
economic effect and subsequently evaluated against the QTI definition including the
requirement of general availability and value limitation.
The thesis finds that the ordinary R&D deduction under section 8 B(1) does not
qualify as a QTI, as it only gives rise to timing differences. By contrast, the enhanced
deduction under section 8 B(4) may qualify as an expenditure-based tax incentive,
as it results in a permanent reduction in covered taxes.
Furthermore, section 8 X qualifies as Qualified Refundable Tax Credit (QRTC)
under the standard GloBE rules, as it provides cash refund linked to the qualifying
R&D costs. At the same time the provision may also fall within the scope of an
expenditure-based QTI under the Side-by-Side Package allowing for an alternative
treatment under the Substance-based Tax Incentive (SBTI) Safe Harbour.
The thesis concludes that the classification of Danish R&D tax incentive is important
for determining whether their intended benefits are preserved under Pillar Two.
While the QRTC treatment may reduce the effective tax rate (ETR), classification as
a QTI allows the incentives to increase adjusted covered taxes and thereby mitigate
or eliminate top-up tax. The practical effect depends, however, on the
implementation and legal status of the Side-by-Side Package within the Danish tax
law. (Less)
Please use this url to cite or link to this publication:
author
Jaber, Jawad Mohamad LU
supervisor
organization
alternative title
An analysis of whether the Danish R&D tax rules qualify as tax incentives under Side-by- Side Package.
course
HARN60 20261
year
type
H1 - Master's Degree (One Year)
subject
keywords
Pillar Two, SBTI Safe Harbour, Qualified Tax Incentives, Side-by-Side Package, Qualified Refundable Tax Credit
language
English
id
9230509
date added to LUP
2026-06-04 09:51:35
date last changed
2026-06-04 09:51:35
@misc{9230509,
  abstract     = {{The following thesis examines whether the Danish R&D tax incentives in sections 8 
B and 8 X of the Danish Tax Assessment Act qualify as Qualified Tax Incentives 
(QTIs) under the OECD/G20 Side-by-Side Package and how such classification 
affects their treatment under Pillar Two. 
The analysis is based on a doctrinal legal method combined with a functional 
assessment of the incentives in light of the Global Anti-Base Erosion (GloBE) 
framework. The Danish provisions are analysed in terms of their legal design and 
economic effect and subsequently evaluated against the QTI definition including the 
requirement of general availability and value limitation. 
The thesis finds that the ordinary R&D deduction under section 8 B(1) does not 
qualify as a QTI, as it only gives rise to timing differences. By contrast, the enhanced 
deduction under section 8 B(4) may qualify as an expenditure-based tax incentive, 
as it results in a permanent reduction in covered taxes. 
Furthermore, section 8 X qualifies as Qualified Refundable Tax Credit (QRTC) 
under the standard GloBE rules, as it provides cash refund linked to the qualifying 
R&D costs. At the same time the provision may also fall within the scope of an 
expenditure-based QTI under the Side-by-Side Package allowing for an alternative 
treatment under the Substance-based Tax Incentive (SBTI) Safe Harbour. 
The thesis concludes that the classification of Danish R&D tax incentive is important 
for determining whether their intended benefits are preserved under Pillar Two. 
While the QRTC treatment may reduce the effective tax rate (ETR), classification as 
a QTI allows the incentives to increase adjusted covered taxes and thereby mitigate 
or eliminate top-up tax. The practical effect depends, however, on the 
implementation and legal status of the Side-by-Side Package within the Danish tax 
law.}},
  author       = {{Jaber, Jawad Mohamad}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Danish R&D Tax Incentives under Pillar Two - A Comparability Analysis}},
  year         = {{2026}},
}